PETA (People for the Ethical Treatment of Animals) has filed a suit in a San Francisco federal court claiming that the monkey should be recognized as the legal copyright owner, and requested permission to administer the proceeds for the benefit of the monkey and his friends.

Global News reports that the animal rights group is seeking a court order allowing it “to administer all proceeds from the photos for the benefit of the monkey, which it identified as 6-year-old Naruto, and other crested macaques living in a reserve on the Indonesian island of Sulawesi”.

The famous photos were taken back in 2011 when nature photographer David Slater travelled to Sulawesi for a book he later published, titled “Wildlife Personalities”.

Slater set up the camera and tripod, but the fact that the monkey ended up posing and pressing the shutter button led several outlets, including Wikipedia, to use the photos freely and claim that nobody owns the copyright.

While Slater continued to insist that he should be granted the rights to the photos, adding that the British copyright he was granted should be accepted worldwide, the U.S. Copyright Office updated its policies last year, much to his disapproval.

The update stated that the U.S. Copyright Office “will not register works produced by nature, animals, or plants”.

So, keeping in mind the Copyright Office’s updated policy, how does PETA plan on obtaining copyright on behalf of the monkey?

Well, PETA lawyer Jeffrey Kerr claims the policy “is only an opinion” and adds that the U.S. Copyright Act does not limit copyrights to humans. “The act grants copyright to authors of original works, with no limit on species,” he said. “Copyright law is clear: It’s not the person who owns the camera, it’s the being who took the photograph.”

Basing the suit partly on Slater’s story of how the photo was taken, PETA’s lawsuit argues that the monkey “authored the monkey selfies by his own independent, autonomous actions in examining and manipulating Slater’s unattended camera.”

The Copyright Act might not state it applies only to humans, but as far as I know it doesn’t imply anything about non-humans being able to own copyright either. I think it’s safe to assume that nobody thought about the issue back then, and I doubt it was intended to allow animals to own copyrights, but that’s just me…

Slater is said to still be exploring legal action against those who used the photos without his permission (and without paying him), but if PETA gets its way Slater could be charged for using the photos himself.

The photographer did not comment on that possibility, but he did say he is “very saddened” by PETA’s lawsuit. After all, he considers himself an animal rights advocate as well and has been using the photos to raise awareness and funds for the Sulawesi monkeys.

While PETA says it “has a very strong case” and Michigan State University law professor David Favre says the issue they raised “is a cutting edge legal question” and that they have “a fair argument”, not all animal rights advocates are impressed with the controversial move.

“It trivializes the terrible problems of needless animal slaughter and avoidable animal exploitation worldwide for lawyers to focus so much energy and ingenuity on whether monkeys own the copyright in selfies taken under these contrived circumstances”, said Harvard law professor Laurence Tribe.

Other law experts seem to think this suit has slim chances of getting anywhere, but PETA is not a stranger to such cases. Back in 2011 it filed a lawsuit against SeaWorld parks claiming a violation of the U.S. Constitution’s ban on slavery over the way five killer whales were being held in captivity.

Whether you’re a fan of PETA or think they’re a PITA, this will no doubt be an interesting case to follow.

One person who will definitely be interested in the outcome of PETA’s suit is Christian LeBlanc, whose GoPro was used to capture the world’s first elphie.

The Constitution gives Congress the power “To promote the Progress of Science and useful Arts, by securing for
limited Times to Authors and Inventors the exclusive Right to their
respective Writings and Discoveries.”

So unless copyrights will motivate monkeys to create more art, I don’t think copyright law applies to them.

mzungu

What gives PETA the right to represent the monkey? If the monkey have rights, then PETA should have no rights to represent the monkey without the monkey’s consent. I like to see that consent form. :P Unless PETA willing to treat the monkey as some mentally disable entity…. :D Krazi Pink Skins…

I’m pretty sure that this was already covered in the copyright lawsuit from the photographer. This is just a publicity stunt by PETA.

Sadly, this only serves to reinforce the perception that they are just a bunch of nutjobs…

Rick Scheibner

Please PETA, don’t continue to marginalize yourself as a fringe special interest group with stunts like this. Let’s take care of the animals in the world that are truly being hurt by the actions of humans. This monkey has no concept of copyright laws. Nor will he (or she) by you pushing a lawsuit through the system.

R Lyon

A little monkey lived all by himself on a tiny desert island near the sea. He was very lonely as there was no one to play with him.

One day, a fish who was swimming by, saw the monkey sitting alone in one part of the island and told him to follow him to another island nearby where he could make lots of friends.

The monkey tried to swim but did not like being wet. A pelican tried to teach him to fly but that was too difficult for him. Finally, the monkey decided to chop down all the trees to make a raft. But a turtle hearing him said that it was a silly idea as then there would be nothing left for anyone to eat. The turtle offered to take the monkey on its back across the sea but the monkey was too big for him. Finally, the turtle’s great-grandfather carried the monkey on its back to the other island. The monkey was very happy because he found lots of monkeys there and knew that he would never be lonely again.

I don’t own this short story but Tigger my cat accidentally pushed the share button. So i wonder if she will need a Defense attorney Just in case.

A wedding photographer finds and selects a creative shooting location, sets up his camera on a tripod, selects his lens of choice to create his vision and adjusts all settings on the camera and lens for creative effect. But then the bride comes over and pushes the shutter button. She then claims copyright ownership of the resulting image and refuses to pay the photographer.

The monkey did not conceive or design the photo. Copyright goes to the photographer. End of story.

Dennis Watts

The judge should award the photographer damages for his lost time, and legal fees. Untill there are consequences for this type of leal black mail, despicable organizations like PETA will continue to use our courts to further there agenda.

Ole Henrik Skjelstad is a Norwegian math teacher and landscape photographer who fell in love with photography after receiving his first camera as a birthday present in 2013. You can follow his work on 500px, IG and Flickr.

Adam Frimer is a Guinness World Record holder, producer, and DoP based in Tel-Aviv, Israel. Adam owns a production company that specializes in corporate marketing and brand strategy. His work has been commissioned by Adobe, Microsoft, Nike, Samsung, Dell, AVS, Starbucks, Viber, and WeWork.

His videos have over a hundred million views, have been extensively published by news outlets, and has even received recognition from a few film festivals, such as International Ocean Festival

Tom Saimon is a fashion and editorial photographer based in Haifa, Israel. You can see more of his spectacular work on his website say hi Facebook and Instagram